Spokane Criminal Defense Attorney Blog

Man who faces arrest shoots himself

2013-05-22T18:53:03Z

A 33-year-old man from Spokane, who took off in April after he was charged with child pornography, shot himself before he was arrested in Nevada on May 15. He faced federal charges for self-publishing books that involved descriptions of children committing sexual acts.

As sheriff's deputies approached his hotel, they observed him looking through the window. Within seconds, they heard a gun fire. The sheriff tended to his wounds, and he was then transported by air to a medical facility in Reno where he was listed in critical condition. Prior to his arrest, he was wanted by the FBI. After receiving information on his whereabouts, that agency notified local sheriff's officers of the fugitive's presence in the area. Officers found his car at a local auto repair facility. From there, they tracked him to the hotel and planned to take him into custody. However, the self-inflicted gunshot wound changed their plans.

]]> The subject's whereabouts prior to 48 hours before his injuries remain unknown. An FBI official reported that he was scheduled to be sentenced on April 16 after he pleaded guilty in 2012 to the sex crimes. He had left two notes that said he did not want to be sentenced to serve time in custody. Pretrial release conditions ordered him to remain at his mother's home in the Spokane area, but he allegedly used her car to flee the state.

After the arrest of the accused man in Nevada, he could face additional charges for running from supervision while he was on pretrial release. A criminal defense attorney might be able to talk to him about the circumstances behind his actions and help him to receive a reduced sentence for the charges.

Source: Oregon Live, "Spokane man who fled child-porn sentencing found in Nevada", May 16, 2013

Wrongful imprisonment in Washington

2013-05-16T02:21:05Z

Although infrequent, people are sometimes wrongfully convicted and imprisoned. According to new Washington legislation, the state will pay anyone who is wrongfully imprisoned after a conviction $50,000 for each year they spend in custody. This is because several people have faced wrongful criminal charges.

A 31-year-old man was convicted of robbery, in part because of the testimony of two co-defendants who received reduced sentences for their testimony. Although the accused man said he was in California at the time of the robbery, the prosecution couldn't find his records, and he received a prison sentence of 17 years. However, an advocacy later located the records that proved he was out of state when the robbery was committed. He was freed after serving four years in custody.

A 22-year-old man admitted to sexually assaulting a woman after alleged lies from police and hours of interrogation by detectives. DNA samples later showed that he was innocent but only after he had spent nine years in prison.

]]> A mentally challenged teen girl with an upbringing that included abandonment by her mom, foster care and sexual abuse admitted she sexually assaulted her sister after pressure from law enforcement. However, an advocacy group later proved that her confession was based on her own memories. They also found her attorney had not even spent two hours reviewing her case, and it was eventually dismissed after she had spent five years in prison.

A victim identified two men in a line up through their hair and skin color although she was blindfolded through the ordeal of her sexual assault. No physical evidence connected the men to the crime. After 17 years in prison, the two men were freed through DNA testing that showed that they could not have committed the crime.

If someone is falsely accused of a crime, they will need effective legal representation. A skilled criminal defense attorney could effectively challenge inaccurate or illegally obtained evidence that the prosecution used to prove the case.

Source: Seattle Weekly, "A Few of Washington?????????s Wrongfully Convicted ", May 07, 2013

Trucker from Washington denies federal drug charges

2013-05-10T16:50:00Z

After being indicted on federal drug charges for alleged drug trafficking, a 38-year-old male from Washington pleaded not guilty. The man works as a truck driver, and the drug charges stem from an incident in which he was stopped for a commercial vehicle inspection in April. The Nevada Highway Patrol claims that the man hid controlled substances in his truck.

According to police, an officer stopped the trucker on the White Pine County stretch of U.S. Highway 6 and the man agreed to a vehicle search. In addition to a cargo of watermelons, the officer allegedly found a duffle bag in the driver's sleeping compartment. Inside the bag was a large quantity of drugs wrapped in plastic. The driver now stands charged of possessing six pounds of heroin and 26 pounds of methamphetamine with the intent to distribute.

]]> These charges carry the potential for a heavy sentence of anywhere from 10 years to life imprisonment as well as a fine that may reach $10 million. Possession charges that include intent to distribute carry harsher sentences than regular possession-only charges do. Many current statutes also muddy the line between trafficking and personal use, which may turn court juries against wrongly accused individuals.

Drug crime convictions can change people's lives for the worse. Increasingly harsh penalties for possessing larger quantities of drugs and arrest quotas may even make it harder for the accused to escape wrongful punishment and avoid the stigma of drug convictions. As a result, many accused individuals seek legal assistance to structure their defense arguments and thus improve their chances in court.

Source: NBC KHQ Q6, "WA truck driver faces US drug charges in Nevada", May 04, 2013

FBI arrests talented third grade teacher

2013-05-03T21:16:31Z

Five years ago, a Washington teacher at an elite private school was allegedly asked about child pornography that had been taken using a camera that belonged to the school. The man reportedly went on the run and was added to the FBI's Most Wanted List. In April 2013, the man was located in Nicaragua, following a tip provided by a female tourist who recognized him. The accused allegedly had false documents in his possession such as credit cards, passports and driver's licenses. Officials believe that he may have been working as a tutor or nanny to support himself.

The accused, now 31 years old, faces federal charges of possessing and producing child pornography. The judge denied bail at a court appearance on April 23. The accused faces up to 50 years of imprisonment.

]]> The accused man has been described as a gifted teacher. Rather than teaching from a textbook, he engaged children and encouraged them to think for themselves when faced with math or logic problems. He taught lessons on doing the right thing. The man worked as both a teacher and a camp counselor.

Though it has been five years since he was accused, the statute of limitations does not apply when a person is considered a fugitive or flees from justice. Any person who is being investigated or accused of a crime by police may benefit from speaking with a criminal defense attorney who may be able to develop a plan for lessening or defeating criminal charges.

Source: KHQ.com, "US child porn suspect captured after 5 years," Eric Tucker, April 23, 2013

Source: 18 U.S.C. § 3290

Flavor Flav will face felony charges in trial

2013-04-26T21:53:47Z

Washington residents who follow celebrity news may have heard that TV-star and rap artist Flavor Flav is facing felony charges. The 54-year-old entertainer was involved in a domestic violence dispute, which lead to an escalated argument with his girlfriend's son. The incident occurred in October 2012 and involved Flav, whose legal name is William Jonathan Drayton Jr., stabbing a knife through the bedroom door not more than two feet away from the teen. The rapper threatened to kill the boy and used the profanities to scare him.

The dispute started around 3 a.m. with the teen's mother and quickly accelerated into a heated discussion. The boy was awakened by the raised voices and reacted by pinning the rapper to the kitchen floor in a headlock. As the situation progressed, they kept pushing each other, eventually leading to physical fight.

]]> The teen identified Drayton in court as the man wearing the clock around his neck and quoted the obscene expressions used by the rapper during the argument. The entertainer did not testify during the initial evidence hearing. As the case is being reviewed, Drayton's attorney speculates that the accused may have been acting in self defense against the 6-foot-3 high-schooler. The attorney said Drayton plans on pleading not guilty.

The entertainer will be charged with domestic violence and felony charges against a minor child as there is enough evidence to conduct the trial. If convicted, Drayton could face up to 12 years in prison.

Domestic violence is a serious charge that can have major repercussions. Defendants in such a case may want to consider hiring a criminal defense attorney who could help plan a defense or possibly reduce the charges.

Source: Associated Press, "Flavor Flav felony case headed for trail in Vegas," Ken Ritter, April 10, 2013

Federal agents help make arrest after shots reported at warehouse

2013-04-19T15:06:36Z

Several agencies were involved in an arrest after shots were fired around 7 a.m. at a warehouse in Spokane Valley. The arrested suspect is facing weapons charges in relation to the incident. During the arrest and subsequent search of the warehouse, there was a five-hour period in which several businesses in the area were unable to operate.

The whole incident started when a man showed up at a Spokane Valley sheriff's precinct alleging that another man had opened fire on him at a warehouse over on Dishman Road. During the course of the investigation, the North Idaho Violent Crimes Task Force notified the sheriff's office that the warehouse where shots were reported was part of an ongoing gang-related investigation.

]]> Local deputies and agents from the FBI's safe streets task force went on to surround the warehouse and arrest a 36-year-old man in relation to the alleged shooting. The man is currently charged with aiming or discharging a weapon. FBI officials did not divulge details on whether or not the alleged victim or shooter were part of the federal investigation that was already underway. The owner of the property claimed to have no knowledge of any of the activities that were going on at the warehouse.

Weapons charges can bring serious consequences, and in cases such as this, there may be further federal involvement that could put a suspect into even more dire straits. Anyone facing weapons charges usually have to contend with an uphill battle in the criminal justice system. A criminal defense attorney may be able to have these charges reduced or even thrown out, and even if the charges stick, an attorney may be able to negotiate a favorable plea deal with the prosecution.

Source: The Spokesman-Review, "Gunfire bares federal gang probe in Spokane Valley," Jennifer Pignolet, April 03, 2013

Man allegedly shoots, kills car thief in Washington

2013-04-12T19:15:05Z

A 25-year-old thought to be a car thief was allegedly shot and killed by the vehicle's 56-year-old owner. A search warrant identified the SUV owner on March 25. However, he has not been taken into custody. Spokane detectives seized the SUV's headrest after determining a bullet pierced it. Although they found a gun on the man, they did not specify if it was the gun that shot the alleged thief.

The authorities are investigating criminal charges of second degree murder. The vehicle owner allegedly waited until the younger man drove off with his car before shooting. The authorities are speculating on a possible justification for the shooting.

]]> Officials confiscated the man's handguns. The accused man does not have a criminal history and has a license to carry weapons.

Earlier that morning, the accused man called emergency personnel to report that his SUV had been stolen and that he shot the alleged thief. He fired because he saw the driver raise his arm and thought he had a weapon. The gunshot wound caused the thief to crash the car, and the medical examiner determined that the injury to his head killed him.

Law enforcement personnel found tools commonly used in car thefts in the vehicle and on the deceased man's person. However, there was not a gun in the SUV.

Because the accused man allegedly killed the thief as he was stealing his SUV, the authorities may consider the shooting justified. A criminal defense attorney might be able to argue that he was just protecting his property.

Source: KXLY, "Man involved in car theft shooting identified," Jeff Humphrey, March 27, 2013

Investigation of car theft that led to a fatality still underway

2013-04-05T22:00:59Z

Following a Spokane car theft that led to a fatal gunshot that killed the 25-year-old alleged thief, police are investigating second degree murder charges. No criminal charges have yet been filed in the case. The alleged shooter was the owner of the stolen SUV, a 56-year-old man who had a concealed weapons permit.

Using a search warrant, investigators seized the driver's side headrest of the SUV that the bullet went through before striking the alleged thief in the back of the head. Medical examiners later determined that the bullet remained there and that the man died from the gunshot wound. No weapons were found in the vehicle during the search, but officers seized two guns from the vehicle owner, a 9mm and a .38 handgun. The officers also found shaved keys in the vehicle, the type that are typically used in car thefts.

]]> Officers are using the seized evidence to determine if the gun owner was indeed acting in self-defense, as he claimed, or if the fatal shooting occurred after the man was out of danger. The gun owner stated that he shot his firearm when the alleged thief raised his arm and seemed to be aiming a gun at him.

Since charges have not been filed, the long-term consequences of the shooting cannot yet be determined. If the Spokane District Court's prosecutor does decide to file murder or first-degree manslaughter charges against the owner of the SUV, he will need to consult an attorney. Officers have called the investigation "complicated." If you or someone you know is facing misdemeanor or felony charges related to wrongful death, you may also need the advice and representation of an experienced Washington attorney.

Source: KXLY, "Man involved in car theft shooting identified," Jeff Humphrey, March 27, 2013

Washington lawmakers take on flashmob robberies

2013-03-28T17:44:44Z

Washington's Senate recently took on a problem that many of the state's citizens have likely never heard of: flashmob robberies, also known as "flash robs." On March 12, the Senate voted 49-0 to create new criminal charges related to this increasingly "popular" method of organized retail theft. The bill must now be cleared through the House.

Flash robs occur when large groups of people suddenly converge on a store and steal whatever they feel like before quickly leaving. These retail thefts are basically unstoppable due to the overwhelming multitude of offenders. Though Washington hasn't had issues with these types of crimes, lawmakers hoped to "nip it in the bud" after an Oregon television station broadcast a video of one of these robberies occurring in Portland.

]]> There are currently two levels of organized retail theft on the books, and if the new law passes, a whole new level would be added to account for flash robberies. The law would focus on organized thefts that resulted in $500 worth of losses. These thefts would have to occur in combination with the robbery either being organized through social media or other electronic means or involving more than five people. The first time a person faced these charges, he or she would face a gross misdemeanor charge. A second charge, however, would land the defendant in the realm of a Class C felony.

Any type of retail theft is considered a crime, but lawmakers have come to the conclusion that flash robberies present an additional threat to society. These new laws could take a person who only stole $20 worth of items and group them together with others who stole a combined amount of $500. While these laws are meant to prevent a growing social problem, they're likely to end with serious criminal penalties for those who would've otherwise simply gotten slaps on the wrists. Fighting these charges may seem like an uphill battle, but an experienced criminal lawyer may be able to negotiate a plea bargain on behalf of the client or mitigate the consequences for a first-time offender.

Source: Crosscut.com, "Bill tackles problem you didn't know you had: Flashmob robberies," John Stang, March 13, 2013

DEA raid reduces OxyContin supply in Spokane

2013-03-22T17:04:45Z

After a recent DEA raid in Spokane that ended a $20 million prescription drug ring, local law enforcement reported that they still arrest people weekly for the possession of OxyContin. The prescription pill epidemic consumes much of the police agency's time and efforts.

While the drug of choice in the city used to be meth, according to an undercover drug agent, opiate pills such as OxyContin have overtaken it in popularity. Heroin costs have decreased, so some addicts may switch to taking pills instead. Regardless of the underlying causes of the local price fluctuations, drug trafficking associated with the rising popularity of the pills has increased.

]]> Pills are now manufactured in doses of 60 to 80 milligrams in order to prevent their breakdown. However, dealers look for the smaller 30 milligram pills, which sell for an average of $26 on the street, to crush for easier ingestion. They reportedly get the pills by stealing them, buying them or writing fake prescriptions on stolen pads. The undercover agent observed that these same pills only cost $7 to $10 in California, so criminal organizations make it a business to ship the drugs to Spokane where they can quickly triple their income in some cases.

Since the DEA bust took much of the OxyContin supply off the streets, local pharmacies could see an increase in robberies. Law enforcement has offered reward money for any tips that lead to the arrest of offenders. The Spokane Police captain added that anyone can easily become addicted to the drug after prescription use and that these pills are not necessarily the province of established criminals.

Drug trafficking crimes mean serious penalties for offenders, especially if federal charges and mandatory minimum penalties are involved. A criminal defense lawyer might be able to suggest treatment instead of prison for clients who face substance abuse issues, particularly if they are facing their first offense.

Source: KHQ, "Prescription Pills: The #1 Drug Taken Off The Streets Of Spokane," Kelsey Watts, March 5, 2013

41 people arrested in West Coast drug ring

2013-03-11T22:06:17Z

On Feb. 28, a number of law enforcement officers working together executed warrants that allowed them to raid 47 separate locations to search for drugs. The raid included 16 residences located in the Spokane area as well as locations in Western Washington and Los Angeles. A total of 41 people were arrested on drug charges, including nine people in Spokane. An additional three Spokane residents were implicated; those individuals were already in police custody.

The United States Drug Enforcement Agency worked with local law enforcement in Washington and Los Angeles to investigate the alleged conspiracy to distribute OxyContin. The Spokane defendants are being charged in federal court following a 32 count indictment handed down by a federal grand jury earlier this year. Nine individuals face charges for conspiracy to distribute; three of them face additional charges.

]]> The government is seeking the forfeiture of $20 million in funds that were allegedly earned through this criminal enterprise. The indictment contends that more than $28 million was seized. Federal law allows the government to seize and forfeit the profits of criminal activity, items used to commit crimes and any items purchased with those profits, including houses and cars.

Conspiracy to commit a crime is punished the same as the underlying offense. A continuing criminal enterprise is punishable by 10 years to life imprisonment and fines of up to $10 million. These are serious charges. An experienced criminal defense attorney may be able to help mitigate the crimes, argue for acquittal or negotiate a favorable deal with the prosecution.

Source: The Spokesman-Review, "Nine arrested in Spokane raids in connection with alleged West Coast drug ring," Mike Prager, Feb. 28, 2013
Source: Title 21, United States Code, Sections 841 and 846

Search near school finds guns and drugs

2013-03-08T03:13:31Z

Following a lengthy investigation that utilized information from informants, police executed a search warrant at a home located near Libby Center School in Spokane, Washington. Due to the proximity of the home to the school, members of a SWAT team stood by as a precaution. One man now faces multiple criminal charges as a result of the search.

The search warrant allowed police to recover firearms from the property on South Haven Street. Police located evidence of other illegal items that included counterfeit money, guns, methamphetamine and drug paraphernalia. When police execute a search warrant for a particular item, they are permitted to search any space where that item may reasonably be hidden. If officers locate other contraband or evidence of a crime, those items may also be seized.

]]> After questioning three individuals, police arrested a 34-year-old man. Police continue to investigate the other two individuals. The accused had prior convictions for forgery, burglary, theft and trafficking stolen property. It is a violation of federal law for any person who has been convicted of a felony to possess a firearm.

The U.S. Constitution has several clauses designed to ensure that persons accused of a crime are treated fairly. These rights include the right to a trial by jury, the right to be free from unreasonable searches and seizures, the right not to incriminate oneself, and the right to be represented by competent counsel. One way for accused persons to safeguard these rights is to consult with an experienced criminal defense attorney to possbily assist with the case.

Source: KXLY, "Cops seize guns, drugs, counterfeit cash at East Spokane home," Annie Bishop and Casey Lund, Feb. 22, 2013

Federal grand jury indicts man for alleged hijacker hoax

2013-02-27T21:52:05Z

People in Spokane and others elsewhere can be punished for committing certain crimes such as murder, assault or theft. However, even people who falsely report crimes can face serious penalties.

A 58-year-old man was recently indicted by a federal grand jury for allegedly claiming there was a hijacker aboard a flight bound for Washington.

]]> The incident occurred last month. Authorities say the man called the Honolulu FBI office while he was on an Alaska Airlines flight from Hawaii to Seattle. FBI officials were allegedly on the phone with the man for two hours. Two military jets were called in and escorted the flight into the Seattle-Tacoma International Airport.

Officials determined that the call was a hoax. Although it is not clear how they identified the man, he was removed from the plane by federal officers.

Even though no one was harmed as a result of the incident, if convicted, the man could spend five years behind bars.

Being charged with a crime of any kind can be scary. Facing federal charges can be even more overwhelming. Although it may seem hopeless, defense strategies can be pursued to mitigate any potential penalties. In some instances, it may be wise for the accused to accept a plea bargain. Under a plea bargain, the accused may agree to plead guilty to lesser charges in exchange for a lighter sentence.

In these situations, it is usually best to rely on an experienced criminal defense attorney. After evaluating the case, an attorney can determine how to proceed forward.

Source: Komo News, "Charges filed in hijacking scare on Seattle-bound flight," Feb. 21, 2013

Washington lawmakers considering bill to compensate those who are wrongfully convicted

2013-02-21T20:11:37Z

A Washington man was convicted of rape in 1993. After spending close to two decades behind bars, his conviction was overturned in 2010 after DNA evidence proved he was innocent. Despite being a free man, he faced many challenges when he left prison.

After hearing about the man's story, a Washington lawmaker introduced a bill that would compensate wrongly convicted individuals. Under the proposed bill, the state would pay inmates $50,000 for every year they spent in prison. Wrongly convicted sex offenders would receive $25,000 for every year they spent on parole.

]]> People opposed to the bill say that the new measure is implausible considering the state's budget deficit. However, Rep. Tina Orwall says the new law would actually benefit the state considering the current lawsuits brought by other wrongly convicted inmates.

If passed, Washington would be the 28^th state in the country to pass this kind of legislation. Under federal law, people who are wrongly convicted and imprisoned in a federal prison are compensated $50,000 for each year of incarceration.

Although it is easy for the general public to assume an individual's guilt, this story and others like it prove that people charged with certain crimes are not always guilty. This story also shows that even those who are convicted of a crime could be innocent.

It is clear that people charged with serious crimes in Washington and beyond must have a solid defense strategy. Working with an experienced criminal defense attorney is the best way to avoid a wrongful conviction.

Source: New York Daily News, "Man who served 17 years in prison for rape he didn't commit inspires Washington state bill to compensate wrongfully imprisoned $50,000 per year," David Knowles, Feb. 18, 2013

•· Our firm works with people have been charged with a serious crime. For more information, please visit our Spokane criminal defense page.

Washington man faces 16 years behind bars for drug crimes

2013-02-13T23:47:12Z

Washington authorities take drug crimes very seriously. Prosecutors are often intent on penalizing those convicted of drug crimes to the fullest extent.

A Moses Lake man will spend more than 16 year behind bars after he was found guilty of conspiracy to distribute methamphetamine. The man received additional time behind bars because the trafficking organization he reportedly led ran their operations near a school.

]]> The man was originally charged in April of last year. He was convicted on all five counts of meth-related crimes.

In addition to time in prison, the man faces eight years of court supervised release. Because he is not a U.S. citizen, he will likely face deportation back to Mexico.

As evidenced by this case, drug charges can lead to severe penalties. People can face significant time behind bars as well as hefty fines.

Being charged with a crime can be frightening, especially considering the wealth of resources the government has. Trying to understand the complexities of the criminal justice system can be difficult.

When people in the Spokane area are accused of drug crimes, they would be wise to rely to an experienced criminal defense attorney. An attorney can examine the evidence in a case to determine the best defense strategy going forward. In addition, they will work hard to mitigate any potential penalties.

In this situation, the man was convicted. However, someone who faces criminal charges is considered innocent unless they are proven guilty in a court of law. Everyone has a chance to tell their side of the story in court. Although it is easy to assume an individual's guilt, people in the general public must let those accused of crimes work through the criminal justice system before guilt can be assigned.

Source: Columbia Basin Herald, "Moses Lake man sentenced for drug trafficking," Joe Utter, Feb. 13, 2013